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DAVIES v. POLYSCIENCE

United States District Court, Eastern District of Pennsylvania


January 8, 2001

RAYMOND C. DAVIES, JR., PLAINTIFF,
v.
POLYSCIENCE, INC. AND BARRY KONET, DEFENDANTS.

The opinion of the court was delivered by: Joyner, J. This is an employment discrimination case brought by Plaintiff Raymond C. Davies, Jr. ("Plaintiff") against Defendants Polyscience, Inc. ("Polyscience") and Polyscience's Vice President Barry Konet ("Konet"). In his Complaint, Plaintiff alleges that Defendants failed to accommodate his disability and retaliated against him in violation of the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. ("ada") and the Pennsylvania Human Relations Act, 43 P.S. §§ 951-963 ("phra"). Plaintiff also alleges that Defendants violated the Civil Rights Act of 1866, 42 U.S.C. § 1981, and Title VII of the Voting Rights Act of 1964, 42 U.S.C. § 2000e, et seq. Presently before the Court is Defendants' Motion to Dismiss Counts II, IV, And All Claims Against Defendant Barry Konet. For the reasons below, we will grant Defendants' Motion in part and deny it in part. Background Accepting Plaintiff's allegations as true, the relevant facts are as follows. Polyscience is a chemical manufacturing company located in Warrington, Pennsylvania. In March 1994, Polyscience hired Plaintiff as a chemist to work in its production laboratory. At the time he applied for the position, Plaintiff indicated that he suffered from a pre-existing back injury that limited his ability to perform heavy lifting. The chemist position Plaintiff was hired to fill involved only non-strenuous laboratory work; however, once Plaintiff began at Polyscience, he was assigned to a manufacturing position that required lifting. As a result of the strenuous work, Plaintiff reinjured his back and groin. Plaintiff's physician thereafter recommended that Plaintiff be placed on light duty, and Polyscience complied by assigning Plaintiff to laboratory work. Some time later, however, Plaintiff was removed from the laboratory and reassigned back to the manufacturing department. The manufacturing work again proved too taxing, and Plaintiff suffered another injury in the form of a hernia. In January 1995, Plaintiff sent Polyscience medical documentation of his new injury and informed the company that he was unable to work at all for eight weeks while recuperating from surgery. Vice President Konet responded to Plaintiff's announcement by refusing to continue to compensate him and threatening him with discipline and discrimination. As a result of this mistreatment, Plaintiff filed a charge of discrimination with the Equal Employment Opportunity Commission ("eeoc") on March 14, 1995. On March 30, 1995, after receiving notice of Plaintiff's charge, Polyscience terminated Plaintiff's employment for alleged misconduct. Conciliation efforts failed, and Plaintiff received his right to sue letter on June 9, 2000. On September 7, 2000, Plaintiff commenced this action. Discussion I. Legal Standard When considering a motion to dismiss under Rule 12(b)(6), a court must "accept as true the factual allegations in the complaint and all reasonable inferences that can be drawn therefrom." Allah v. Seiverling, 229 F.3d 220, 223 (3d Cir. 2000) (internal quotations omitted). A motion to dismiss may only be granted where the allegations fail to state any claim upon which relief can be granted. See Morse v. Lower Merion Sch. Dist., 132 F.3d 902, 906 (3d Cir. 1997). Dismissal is warranted "if it is certain that no relief can be granted under any set of facts which could be proved." Klein v. General Nutrition Cos., Inc., 186 F.3d 338, 342 (3d Cir. 1999) (internal quotations omitted). II. Count II: Section 1981 Claims First, Defendants argue that Plaintiff has failed to state a § 1981 claim because he has failed to allege any racial discrimination. We agree. The Civil Rights Act of 1866, 42 U.S.C. § 1981, prohibits discrimination on the basis of race.[fn1] See, e.g., Rivers v. Roadway Express, Inc., MEMORANDUM

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